When a tree falls  what do you do?

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By Jim HillibishMore Content Now

Oakridger - Oak Ridge, TN

By Jim HillibishMore Content Now

Posted Mar. 31, 2014 at 3:48 PM

By Jim HillibishMore Content Now

Posted Mar. 31, 2014 at 3:48 PM

You’d think a tree falling in a storm is a fairly simple issue. Well, forget that. It seems logical that the tree owner would be liable for damage to your property. But no. If a tree falls on your property, no matter who owns it, it’s your responsibility, according to the Better Business Bureau.

That means contacting your home insurance agent if you sustain damage and paying your deductible. Your option on the deductible is to file a lawsuit.

Here are some other considerations provided by Allstate Insurance, Ohio Department of Insurance, the National Association of Professional Insurance Agents and the BBB:

THE CAVEAT: Insurance companies consider each case unique and handle it on its own merits. This gives them latitude in making decisions. If you want to contest a decision, you might need to hire a lawyer. In all cases, study your insurance contract first.

DISPUTED OWNERSHIP: Many of our older trees sit on more than one property. If it falls, the property owners should share removal costs. If a dispute arises, you may need legal assistance.

TO PAY OR NOT: Homeowners insurance covers storm damage to property and up to $500 per tree or $1,000 per event for removal. But here’s the catch: This is only if the tree causes damage to property covered by your policy.

Your insurance probably doesn’t cover wind damage to trees that fall and don’t damage anything else. It usually does not cover cost of removal and replacement.

Your insurance may cover removal if the tree blocks access to a house or door, but that’s up to the insurance company.

STORM OR SUNSHINE? If your tree falls on a non-stormy day, it’s hard to get coverage. Most policies only cover storm damage.

PUBLIC EMERGENCIES: If your tree falls on a public street, call your local government for advice. Districts may send a crew to clear the street. Crews may remove the debris or leave it on your property. Or, they may clean up and remove it for a charge. If your tree damages wires, the utility company usually picks up the bill.

LAWSUIT-ABILITY: Can you sue your neighbors for damage caused by their tree? You’d have to prove negligence on their part. If the tree is rotten and you asked your neighbor to remove it and they refused, you could have a case. You’ll need evidence of your warning, such as a certified letter. Photos and a tree specialist’s signed opinion would help, too.

WHAT ABOUT VEHICLES? Damage from a tree hitting your vehicle is covered by your own auto insurance only if you have a “comprehensive” policy. It makes no difference who owns the tree. This includes cars parked on the street. You pay the deductible.

Page 2 of 2 - If you drive into a downed limb or tree, your own collision coverage will apply.

If someone on the road runs into your tree, the vehicle owner’s auto insurance pays for tree damage. If you run into a tree on your own property, your insurance may only cover damage to your vehicle if you have a comprehensive policy.

REMOVAL COST? Prices vary among tree trimmers. Most price by tree height. An 80-foot tree at $15 a foot would be $1,200. Smaller trees may be cheaper, such as $10 a foot for up to 20 feet.

Stump removal will be extra. Not all trimmers provide this service. Check before signing a contract. Also specify if the trimmer is to remove the debris and who will keep the wood.

Expect to pay extras for special services, such as removal near power lines, other hazardous locations or situations requiring a crane. Dead trees may be more expensive as they are hazardous.

Emergency service probably will be more expensive, including a tree ready to fall after a storm.

Note that tree trimmers are required to buy expensive liability insurance and state worker compensation coverage. Check this and be wary of those who do not have it. They are operating illegally, and you may be liable for injuries.